touching the penis, whether inadvertently or deliberately, as held by the scholars of Iraq. This is Ashhab’s first report from Mālik, since repeating the prayer within its prescribed time is recommended. It is also Sahnūn’s position and the position he transmitted from Ibn al-Qāsim in al-‘Utbiyyah.

The second position requires ablution after touching it, whether inadvertently or deliberately. According to one interpretation, this applies when he touches it with the inner surface of the hand or fingers, whether or not he experiences pleasure, since this is the surface normally used to touch it, and the hadith is understood accordingly. If he touches it with the back of the hand or the forearm, ablution is not obligatory, even if he experiences pleasure. Another interpretation holds that whenever he experiences pleasure, ablution becomes obligatory, whether he touches it with the inner surface of the hand, its back, or any other part of the body.

The first interpretation is that of some scholars who examined Mālik’s statement in al-Mudawwanah. As for the second, some understand al-Mudawwanah in this way, saying that his distinction there between the inner surface of the hand and its back indicates that pleasure is the relevant consideration. Others infer this interpretation of Mālik’s position by analogy with touching women.

The third position is that inadvertent touching never requires ablution, whereas deliberate touching requires it according to the two interpretations already mentioned. It has also been said that Ashhab’s first report from Mālik concerns touching that does not meet the conditions considered to invalidate ablution: either inadvertent touching, or deliberate touching with the back of the hand or the forearm, with or without pleasure, subject to the disagreement already explained.

This summarizes Mālik’s position on this issue, all of which concerns touching without a barrier. As for touching through a thin barrier, Mālik’s statements differ. Ibn Wahb related from him that ablution is not required, which is the better-known report, while ‘Alī ibn Ziyād related from Mālik that it is required. Touching through a thick barrier does not require ablution. Thus, notwithstanding the disagreement we have described, there is no disagreement within the school that someone who touches his penis with the back of his hand or his forearm, whether inadvertently or deliberately, without experiencing pleasure, is not required to perform ablution.

Section

Concerning a woman touching her genitals, four positions are reported from Mālik: the first is that ablution is not required; the second, that it is recommended; the third, that it is obligatory; and the fourth distinguishes between whether or not she engages in iltāf. This last position was transmitted from him by Ibn Abī Uways. The first and second reports agree that ablution is not obligatory.

Abū Bakr al-Abharī held that these are not conflicting reports, but rather concern different circumstances. Thus, Ibn al-Qāsim’s and Ashhab’s reports dispensing with ablution concern a woman who has neither engaged in iltāf nor grasped her genitals and thereby experienced pleasure, while ‘Alī ibn Ziyād’s report from Mālik concerning the obligation of